Council ignored low-cost alternative before it went to court

Dublin City Council ignored a low-cost alternative before it went to the High Court and incurred hefty legal bills attempting to overturn the findings of an investigation by a political ethics body.

The case centred on the Standards in Public Office (SIPO) Commission’s finding that current Lord Mayor Oisín Quinn inadvertently breached the Ethics Act when he voted on a motion that affected an office block he owned with his family.

The council emphatically lost its judicial review application in the High Court and was told it had presented no evidence to support its main complaint.

Documents released under the Freedom of Information Act show that the council was advised that it could steer clear of the courts by simply asking the Department of the Environment and the Attorney General to address the rules governing representatives with property interests.

However, internal papers said this was not done before the expensive judicial review proceedings began.

In a statement, the council said it did not go into court lightly and that it only did so after discussing its position with the Department of the Environment.

When this was put to the department, it issued a statement to downplay its role.

“The department did meet with the city council to discuss the implications for development planning processes of the SIPO report into Councillor Oisín Quinn, and potential ways forward, before judicial review proceedings were issued by the Council,” the department said.

“The decision to initiate judicial review proceedings was taken by the city council, and the department’s or minister’s endorsement was neither sought nor offered.”

The council lost a High Court judicial review last year when it tried to challenge the adverse findings SIPO made against Oisín Quinn.

Following a costs order in February, the council said it had incurred €117,912 in bills before it has to pay the expenses of the other party, transcription charges, and third-party fees.

Owen Keegan, the new city manager, said the council expects the final bill to reach €200,000.

The SIPO investigation found Mr Quinn had breached the Ethics Act by voting on changes to a development plan that affected a property he had a share in on Lower Mount St.

SIPO accepted Mr Quinn had acted in good faith and had asked for legal advice from the council before the motions were tabled.

But it said, irrespective of what he was told, he should have absented himself from the vote.

Mr Quinn said that although the SIPO report had exonerated him, he did accept the council’s view that the approach taken by the commission could have far-reaching implications for councillors across the country.